If you sustained an injury in a workplace accident, workers’ compensation can provide you with medical coverage and financial resources. However, determining how much you can receive in benefits can be challenging. Your benefits will be calculated based on the severity of your injury and your pre-injury wages.
An Orlando workers’ compensation lawyer with our law firm can assist with your claim and make sure you get all of the benefits you are entitled to.
How Are Disability Benefits Calculated in Florida?
To understand how workers’ comp is calculated in Florida, you need to know about the different types of disability benefits. These benefits compensate you for the money you cannot earn due to your injuries.
According to the Florida Department of Financial Services, injured workers may be entitled to:
- Temporary total disability (TTD) – You are eligible for TTD if you cannot work for seven or more days. TTD provides 66 percent (two-thirds) of your pre-injury average weekly wage (AWW) for up to 104 weeks. Some severe injuries, including the loss of a limb, may qualify workers for up to 80 percent of their AWW. AWW is calculated using your wages prior to your accident, excluding the week of your injury.
- Temporary partial disability (TPD) – When a doctor determines you can work with restrictions, you can receive TPD to compensate for the difference in your current wage and AWW. To calculate TPD, multiply your AWW by 80 percent, subtract your gross light-duty wages, and then multiply that number by 80 percent. You can receive TPD for up to 104 weeks.
- Impairment income benefits (IIB) – You can receive these benefits if you have reached maximum medical improvement (MMI) and your doctor has put you on permanent work restrictions. IIB is calculated using a formula that incorporates your impairment rating (anything above 0 percent qualifies you), your AWW, and your current wages.
- Permanent total disability (PTD) – You can receive PTD if your injuries are so severe that you cannot work again, as defined by Florida Statutes § 440.15. These benefits are the most complex to calculate. Our law firm can help you obtain an estimate.
Note that all types of disability benefits are subject to a weekly cap. If your injury occurred in 2025, the cap is $1,295. If your injury occurred in 2024, it is $1,260.
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How Are Medical Benefits Calculated in Florida?
Your employer’s workers’ comp insurance is responsible for paying medical bills arising from your workplace accident as long as you seek treatment from a provider authorized by the insurance plan. Coverage includes hospital and doctor fees, medical testing, physical therapy, prescription medications, prostheses, and attendant care.
You are entitled to coverage of all accident-related medical expenses, so we can collect evidence to prove your injuries are work-related and that the treatments your doctor prescribes are necessary for your wellbeing.
What Other Benefits Does Workers’ Compensation Provide?
In addition to disability and medical benefits, workers’ comp coverage includes the following:
- Death benefits – If your loved one died from a work injury within a year of their accident or within five years of living with a disabling injury, your family may qualify for death benefits, up to a maximum of $150,000. These benefits include up to $7,500 for funeral and burial expenses, disability payments for dependents, and educational benefits for the surviving spouse.
- Reemployment assistance – If your injury prevents you from returning to the same type of work, you may qualify for reemployment assistance, including job training and job placement services.
Can You Seek Personal Injury Damages?
You usually cannot take legal action against your employer if they have workers’ comp. However, if there is a third party (such as a property owner or general contractor) that is liable for your accident, you can seek additional damages with a personal injury lawsuit, including compensation for pain and suffering. An Orlando personal injury lawyer with our law firm can tell you more about your legal options.
Who Is Covered by Workers’ Compensation?
Most employers in Florida must provide their employees with workers’ compensation insurance. You likely have coverage if:
- You work in the construction industry and your employer has one or more employees
- You work in a non-construction industry and your employer has four or more employees
- You work in the agricultural industry and your employer has six or more regular employees or 12 or more seasonal employees
Workers’ comp is a type of no-fault insurance, meaning you do not have to prove that someone else’s negligence caused your injury. However, you will need to establish that your injury occurred on the job.
How Long Do You Have to File a Claim?
You must notify your employer about your injury within 30 days of your accident, or you may be ineligible to file a claim. Once you notify your employer, they must contact the insurance company within seven days.
In addition, Florida Statutes § 440.19(1) sets a two-year deadline for filing a Petition for Benefits if you have an issue or dispute regarding your claim.
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Do You Need a Workers’ Compensation Lawyer?
An Orlando workplace injury lawyer with our law firm can help you calculate your workers’ compensation claim and ensure you receive the medical coverage and wage replacement you deserve. Our legal team can also help you with an appeal if the insurance company denies, underpays, or discontinues your disability benefits.
If it applies to your case, we can also help you with personal injury claims against liable third parties.
Contact Bogin, Munns & Munns for Help With Your Workers’ Comp Case
Bogin, Munns & Munns has served clients in central Florida for over 40 years. Our workers’ compensation attorneys can help with every detail of your claim, including educating you about how workers’ comp is calculated in Florida and ensuring you receive the benefits you need.
Contact us online or call today to learn more during a free consultation. We can take your case for nothing up front or out of pocket.
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